On January 2nd, 2005, off-duty police officer Jamie Conmey heard a radio transmission came over dispatch saying that two suspects had just robbed Joe's Corner Store. The description said that the perpetrators were wearing white T-shirts and blue jeans, appeared to be teenagers, and had taken the cash in a brown paper bag. Officer Conmey put on the siren and started searching the neighborhood surrounding the store. Officer Conmey saw a teenager dressed in a white shirt and jeans climbing a fence in an alleyway. Officer Conmey pulled over and told the teenager to come down. The teenager stopped climbing the fence but did not come down. Seconds later, Officer Conmey shot the teenager in the side. Officer Conmey claims to have seen a gun, however, no weapon was found at the scene. The teenager was rushed to the hospital as quickly as possible, where the teenager almost immediately fell into a coma - a state in which the teenager remains today.

The teenager was Max Jeffries. Max's parents, Sean and Leigh Jeffries, filed suit against the Polk County Police Department, alleging that the actions of Officer Conmey, who committed suicide shortly after the incident, and thus the Polk County Police Department, deprived Max Jeffries of Jeffries' constitutional rights to due process of law. In addition, the Jeffries allege that through its policy, custom, and practice, the Polk County Police Department deprived Max Jeffries of Jeffries' rights to due process of law. The Jeffries allege that as a result of the actions of Officer Conmey and the Polk County Police Department, their child experienced life-threatening injuries, and as such they are entitled to damages. This case has been bifurcated and as such, damages are not to be considered in this same proceeding.